When Northeast Georgia Medical Center, Inc. revoked the medical staff privileges of James A. Davenport, M.D., the physician sued the hospital, seeking damages and injunctive relief. The trial court determined that Dr. Davenport presented no evidence for which there was no adequate remedy at law and denied him injunctive relief. After discovery, the hospital moved for summary judgment, asserting that it was entitled to immunity from damages because it had revoked Dr. Davenport’s privileges in accordance with the federal Health Care Quality Improvement Act HCQIA, 42 U.S.C. § 11101 et seq. The trial court granted the hospital summary judgment, and Dr. Davenport appealed, contending that the hospital was not entitled to immunity because 1 he did not receive adequate notice of the reasons the hospital revoked his privileges; 2 there is a genuine issue as to whether the hospital complied with the statutory prerequisites for immunity; and 3 there is a question of fact as to whether his conduct adversely affected the health or welfare of patients.
In Davenport v. Northeast Georgia Medical Center, Inc., 237 Ga. App. 252, 256 515 SE2d 162 1999, we determined that a genuine issue of material fact remained as to whether the hospital gave Dr. Davenport adequate notice of the reasons for the proposed revocation of his staff privileges and reversed on that basis without reaching the issue of whether the summary judgment was correct. The Supreme Court granted certiorari to consider what constitutes “adequate notice” under 42 U.S.C. § 11112 a 3, concluded that the HCQIA neither requires that the notice set forth the reasons for the proposed action in a formal and precise manner nor mandates that the reasons be limited in number and scope or always be restated in the same terms, reversed our decision as to adequate notice, and remanded the case so that we may consider the remaining substantive issues. Northeast Ga. Med. Center, Inc. v. Davenport, 272 Ga. 173, 174 527 SE2d 548 2000. The previous judgment of this Court is vacated, and the judgment of the Supreme Court is made the judgment of this Court. In accordance with the mandate of the Supreme Court, we now proceed to consider and decide the remaining enumerations of error.
